(a) The chief administrator of each facility shall ensure that each individual admitted to the facility complies with the screening requirements of this subchapter (including ensuring that any screening done is performed by a properly certified screener), according to the following schedule.
  (1) Children four years of age or older, who are enrolled in any facility for the first time, must be screened for possible vision and hearing problems within 120 calendar days of enrollment. If a child is enrolled within 60 days of the date a facility closes for the Summer, the child's vision and hearing must be tested within 120 days of the beginning of the following school year.
  (2) Children enrolled in pre-kindergarten and kindergarten must be screened each year within 120 days of enrollment.
  (3) Children enrolled in the first, third, fifth, and seventh grades must receive vision and hearing screening in each of those grade years (can be done at any time during each of those years).
  (4) Except for children enrolled in pre-kindergarten, kindergarten or first grade, a facility shall exempt any child from screening as required by paragraphs (1) - (3) of this subsection if the child's parent, managing conservator, or legal guardian, or the individual under the scenarios described at Texas Family Code, §32.003, submits a record to the facility showing that a professional examination was properly conducted during the grade year in question or during the previous year. The record must be submitted to the facility during the grade year in which the screening would otherwise be required.
  (5) Children enrolled in a facility who turn four years of age after September 1 of that year are exempt from screening until the following September.
  (6) Upon written request pre-approved by the department, the screening of vision and hearing performed at a facility may occur on an even-year schedule (i.e., pre-kindergarten, kindergarten, and first, second, fourth, and sixth grades instead of pre-kindergarten, kindergarten, and first, third, fifth, and seventh grades). Any department approval will include conditions so that children do not miss necessary screening during the transition.
(b) A child's parent, managing conservator, or legal guardian, or the individual under the scenarios described at Texas Family Code, §32.003, may execute an affidavit stating that a person, other than the individual secured by the facility to conduct screenings at the facility, shall conduct the screening (or that a licensed professional shall conduct an examination) as soon as is feasible. The facility may admit the child on a provisional basis for up to 60 days, or may deny admission until the screening record(s) are provided to the facility.
(c) A facility shall not require a child to be screened if the child's parent, managing conservator, or legal guardian, or the individual under the scenarios described at Texas Family Code, §32.003, submits to the facility, on or before the date vision or hearing screening is scheduled, an affidavit in lieu of the screening record(s) stating that the vision or hearing screening conflicts with the tenets and practices of a church or religious denomination of which the affiant is an adherent or member.
(d) Only individuals who have completed high school may serve as volunteer assistants during vision and/or hearing screenings. It is the responsibility of the certified screener to determine how any volunteer assistant(s) will be used during the screening process, consistent with all state and federal confidentiality requirements.

Source Note: The provisions of this §37.25 adopted to be effective August 17, 2014, 39 TexReg 6055